Bill 31: Energy Statutes Amendment Act, 2025
Bill 31 introduces amendments to the Hydro and Power Authority Act and the Utilities Commission Act to support Indigenous participation in major energy projects and strengthen government control over electricity use in energy-intensive industries such as cryptocurrency, artificial intelligence, and hydrogen production.
The First Part of Bill 31
The first part of the bill amends the Hydro and Power Authority Act, R.S.B.C 1996, c. 212 to authorize BC Hydro to enter into co-ownership agreements with First Nations for the North Coast Transmission Line Project. This will consist of new 500-kilovolt transmission lines built in three phases: from Prince George to Fraser Lake, Fraser Lake to Terrace, and Terrace to Bob Quinn Lake. The amendments enable the creation of limited partnerships through which BC Hydro and First Nations can jointly own and operate sections of the transmission line.
The Lieutenant Governor in Council is granted authority to designate agreements between BC Hydro and First Nations, including those related to construction, management, operation, and revenue-sharing. These agreements are deemed legally valid and within BC Hydro’s powers, even retroactively. This ensures that BC Hydro can fully cooperate with Indigenous partners while retaining its legal powers and immunities.
The Second Part of Bill 31
The second part of the bill amends the Utilities Commission Act to give the provincial government broad regulatory authority over how electricity is provided for certain high demand uses. The Lieutenant Governor in Council can now make regulations governing the supply of electricity for three “listed purposes”: cryptocurrency mining, electronic data processing (including AI), and hydrogen production for export outside of Canada.
These regulations may prohibit or restrict power supply for these purposes, establish special rates or consumption limits, and require competitive processes to determine which entities are eligible to receive power. Utilities may also be allowed to recover costs or lost revenue resulting from such regulations. The new provisions give the government and the BC Utilities Commission flexibility to treat different sectors or regions differently and ensure that new rules override any conflicting laws or previous commission decisions.